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Are drivers entitled to overtime pay?
It depends on the status of the driver.
In summary, a driver who is not a field personnel is entitled to overtime pay. Conversely, a
driver who is considered a field personnel is not entitled to overtime pay. A driver who is a
househelper is not entitled to overtime pay.
Driver as househelper
Family or personal drivers may be considered either as domestic househelpers or persons
in the personal service of another. Domestic househelpers are those who provide domestic
or household service.
“Domestic or household service” shall mean service in the employer’s home which is
usually necessary or desirable for the maintenance and enjoyment thereof and includes
ministering to the personal comfort and convenience of the members of the employer’s
household, including services of family drivers. (Par. 2, Article 139, Labor C0de)
Househelpers include family drivers, domestic servants, laundry women, yayas, gardeners,
houseboys, and similar househelps (Apex Mining Company v. NLRC, G.R. No. 94951, 22
April 1991).
When considered as domestic househelpers, drivers are not entitled to overtime pay.